Gregory James
Immigration Law Firm
Your Future ≈ Your Children's Future
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Immigration Appeal Division
The Immigration Appeal Division (IAD) is a division of the Immigration and Refugee Board of Canada.
The IAD hears appeals in
cases where a
sponsorship has been refused because the visa officer did not
believe
the
relationship was genuine, or the applicant has a medical condition, or
almost
any other reason.
The IAD also hears appeals in cases where permanent residents have lost their permanent residence status (see Loss of Permanent Residence Status). This can happen in a number of different ways:
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The permanent resident has been convicted of crimes and has been ordered deported;
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The permanent resident failed to comply with a condition of residence and has been ordered deported For example, someone who obtained permanent residence status on the basis of a promise to start a business in Canada, and then did not start a business, can be ordered deported.
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The permanent resident has been found to have lied on his or her application for permanent residence and ordered deported. For example, a person may have hidden a criminal record when applying for permanent residence status, or may have lied about their relationship to the sponsor.
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The permanent resident may have been found to have stayed outside of Canada for too long and therefore lost his or her permanent residence status, and been denied re-entry into Canada as a permanent resident.
The IAD can assess whether or not the original decision was legally wrong, and can reconsider the original case.
But the IAD also has the power to look at new evidence that the original decision maker did not have. Most importantly, the IAD can look at “all the circumstances” of the case. This is a broad power – broader than the power the first decision maker had. It means, for example, that
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In criminality cases the IAD can consider how serious the crime was, whether the person is likely to re-offend, do they have a habit of committing crimes, what the persons ties (family, work, friends) are to Canada, and what awaits them in the country they are likely to be deported to, and any other relevant things.
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In sponsorship cases the IAD can consider the hardship that separation will cause the sponsor, the applicant and other family members; what kind of support is available to relatives with medical conditions; how much of a burden the immigrant might pose on Canadian society; and any other relevant thing.
This very broad power to consider “all of the circumstances” makes the IAD appeal a very good process.
However, it is still necessary to prepare thoroughly and carefully for the case. The consequences of losing an appeal are very serious.
The IAD is not allowed to hear appeals in some cases. For example, a permanent resident who has been convicted and sentenced to a prison term of two years or more does not have a right of appeal, and can be deported to their home country once they are released from prison, without a chance to have the IAD consider their case.
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